IN THE MATTER OF BERMUDEZ v. FISCHER


55 A.D.3d 1099 (2008)

865 N.Y.S.2d 400

In the Matter of ISAIAS BERMUDEZ, Petitioner, v. BRIAN FISCHER, as Commissioner of Correctional Services, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 23, 2008.


Malone Jr., J.

Petitioner was charged in a misbehavior report with stalking, harassment and possession of contraband after three drawings were found on his cell wall that depicted semi-nude women resembling two female correction officers employed at the facility in which he was housed. Following a tier III disciplinary hearing, petitioner was found guilty as charged. That determination was modified on administrative appeal, dismissing the finding of guilt for stalking...

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